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- Title
Canadian National Security in Cyberspace: The Legal Implications of the Communications Security Establishment's Current and Future Role as Canada's Lead Technical Cybersecurity and Cyber Intelligence Agency.
- Authors
ROSATI, NICHOLAS
- Abstract
National security policy in cyberspace presents a unique security challenge. Operations under the current mandate of the Communications Security Establishment (CSE) may incidentally capture Canadian information and thereby affect Canadian privacy interests. This raises serious concerns that this regime does not comply with sections 8 and 2(b) of the Canadian Charter of Rights and Freedoms. However, legislative reform under Bill C-59 implements external accountability measures in a manner that satisfies Charter requirements. Finally, Bill C-59 makes significant changes to CSE's mandate, namely the addition of an "active" cyber mandate. These changes raise concerns that the expansion of CSE's offensive capabilities, without careful oversight, may enable CSE to conduct cyber operations that do not comply with Canada's international legal obligations and are not authorized by Parliament.
- Subjects
CANADA; NATIONAL security; CYBERSPACE; TELECOMMUNICATION security
- Publication
Manitoba Law Journal, 2019, Vol 42, Issue 4, p189
- ISSN
0076-3861
- Publication type
Article
- DOI
10.29173/mlj1128